On November 14, 2016, U.S. Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification. Effective January 22, 2017, employers must use this newly released version for verification of new hires and reverification of current employees. Until then, employers have the option to either continue using the version dated March 8, 2013, or use the new version.
The latest version of Form I-9 introduces certain changes designed to reduce errors and enhance form completion using a computer. The new form includes drop-down lists and calendars for filling in dates, on-screen instructions for each field, easy access to the full instructions, and an option to clear the form and start over. The instructions have been separated from the form, in line with other USCIS forms, and include specific instructions for completing each field.
Other notable changes include:
- The "Other Names Used" field in section 1 has been replaced with "Other Last Names Used."
- A new "Citizenship/Immigration Status" field has been added at the top of section 2, where the employer is expected to write the number corresponding with the citizenship/immigration status selected by the employee in section 1.
- Prompts have been added to ensure information is entered correctly.
- Multiple preparers and translators can now be entered.
- There is now a dedicated area for including additional information rather than having to add it in the margins.
- A supplemental page has been added for the preparer or translator.
Under the Immigration Reform and Control Act of 1986, U.S. employers are required to verify the identity and employment authorization of individuals (including both citizens and non-citizens) on Form I-9 for employment in the United States. Employees and employers (or authorized representatives of the employer) must complete respective sections of the form within the mandated time period. On the form, an employee must attest to his or her employment authorization and must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must physically examine each original document an employee presents to determine whether the document reasonably appears to be genuine and to relate to the employee and must record the document information on Form I-9. The list of acceptable documents can be found on the instruction pages of the form. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers.
With the introduction of new Form I-9, employers should provide necessary training to individuals responsible for Form I-9 completion. In addition, employers should take the opportunity to review, improve, and update their current Form I-9 policies and procedures to ensure compliance.
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